Eminent Domain Law in Kentucky
Eminent domain is the power of the government to take private property for public use. The Fifth Amendment to the United States Constitution and Article I, Section 17 of the Kentucky Constitution both require that the government provide just compensation to the property owner when it exercises its eminent domain power.
In Kentucky, the government must follow a specific process when it exercises its eminent domain power. The government must first identify the property that it wants to take. The government must then give the property owner written notice of its intent to take the property. The notice must include the amount of just compensation that the government is offering.
The property owner has 30 days to respond to the government's notice. If the property owner agrees to the government's offer of just compensation, the government can take the property. If the property owner does not agree to the government's offer, the government can file a lawsuit in court to take the property.
In court, the government must prove that it has a legitimate public purpose for taking the property. The government must also prove that the amount of just compensation that it is offering is fair and reasonable. If the court finds that the government has met its burden of proof, the court will order the property owner to convey the property to the government.
The government must pay the property owner the amount of just compensation that it is owed within 30 days of the court's order. If the government does not pay the property owner within 30 days, the property owner can file a lawsuit to collect the money.
If you are facing the loss of your property to eminent domain, it is important to speak with an experienced Kentucky attorney as soon as possible. An attorney can help you understand your rights and options and can represent you in court.